Kerala HC Permits Temple Priest With Certificate From 'Tantri' As Per Customs To Participate In Selection Process Despite New Rule By Travancore Devaswom Board To The Contrary
A Division Bench of the Kerala High Court has passed an interim order permitting a candidate to participate in the selection process for the post of part-time 'Santhi' (Temple Priest), who does not possess a certificate from any institution recognised by the Travancore Devaswom Board, but has a certificate from the 'Tanthri' (Head Priest), as was traditionally done.
The Travancore Devaswom board had brought out the Travancore Devaswom Board Officers and Servants Service Rules, 2022 containing a requirement that candidates must produce a certificate from a recognised institution, which is against the customs and traditions being followed in the matter of appointment of Temple Priests as per Petitioner. The Petitioner, who has studied 'Pooja Vidhi' under the tutelage of Vaikom Mahadeva Temple Thanthri as per the customs, approached the Court challenging the requirement in Rules to have a certificate from an institution recognised by the Board. The Single Judge had dismissed the Writ Petition, against which the Petitioner approached the Division Bench.
The Division Bench of Justice Anu Sivaraman and Justice C. Pratheep Kumar passed an interim order yesterday directing, "There will be an interim direction to the 4th respondent to provisionally permit the petitioner to submit an application pursuant to Ext.P1 notification and to participate in the selection provisionally and subject to further orders in this writ appeal."
Advocates K.R. Rajkumar and Jagadeesh Lakshman appeared for the Appellant while the Government Pleader and Standing Counsel represented the Respondents. The Court also clarified in the interim order that the participation of the Petitioner in the selection process will be purely provisional and that he will not be entitled to any benefits on the basis of such participation alone.
The Petitioner has contended in the Writ Petition that till now, the certificates issued by Tanthris were accepted. "They have departed from the above practice as the rule now promulgated does not have such a provision. This will create a situation wherein the students undergoing tutelage under the Tanthris who are recognised by the Travancore Devaswom Board will not be able to apply for the post of Santhis", the Petitioner contends.
The Petitioner has also pleaded that the issue was taken up and addressed by the "Akhila Kerala Thanthri Samajam" an association of Thanthris before the Travancore Devaswom Board and the Board had taken a decision that the Thanthris who are recognised by the Travancore Devaswom Board also can issue the certificates which shall be accepted. The Petitioner contends that the Board then backtracked and insisted that the Rule should be followed.
The Petitioner contends that the new rule will stand in the way of many candidates who have studied the “Pooja Padhathi” under the tutelage of eminent Thanthris who are not connected with any organisation which gives the certificates. "This will create a system where mushrooming of organisations which will be granting certificates for the purpose of appointment to the post of Part Time Santhis under the Travancore Devaswom Board", the Petitioner says.
The Petitioner insisted for an interim order since the last date for application for selection was yesterday.
Cause Title: Sreekanth TS v. State of Kerala & Ors. (WA 1956/2023)
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